Gardeners Bickley Service Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners Bickley to residential and commercial clients within its service area in the United Kingdom. By making a booking, accepting a quotation or allowing work to commence, you agree to be bound by these Terms and Conditions.

1. Definitions and Interpretation

In these Terms and Conditions, the following expressions have the meanings set out below:

Client means the individual, company or organisation requesting or receiving services from Gardeners Bickley.

Services means gardening, garden maintenance, garden clearance, landscaping preparation, and any related services agreed in writing between Gardeners Bickley and the Client.

Service Area means the locations in which Gardeners Bickley agrees to provide the Services from time to time.

Contract means the agreement between Gardeners Bickley and the Client incorporating these Terms and Conditions and any written quotation or confirmation of booking.

Waste means garden waste or other waste materials generated or collected during the provision of the Services.

2. Scope of Services

2.1 Gardeners Bickley will provide the Services with reasonable skill and care and in accordance with good horticultural and industry practice for similar services in the UK.

2.2 The specific scope of work for each visit or project will be as agreed between Gardeners Bickley and the Client, based on a written quotation, service description, or booking confirmation.

2.3 Unless explicitly stated in writing, the Services do not include structural works, major tree surgery, pest control treatments, or any activity requiring specialist licenses, permits, or insurance beyond standard gardening and garden maintenance activities.

2.4 Gardeners Bickley reserves the right to decline any work that is unsafe, unlawful, beyond its expertise, or outside its service area.

3. Booking Process

3.1 Bookings may be requested by the Client via the methods of contact published by Gardeners Bickley. A booking is not confirmed until Gardeners Bickley has issued a written confirmation or has expressly accepted the booking.

3.2 Gardeners Bickley may request information about the property, access arrangements, parking, the condition of the garden, and any special requirements in order to provide an accurate quotation and to schedule the Services.

3.3 Where a site visit is required to assess the work, any charge for such a visit will be communicated in advance. If the Client proceeds with the Services, Gardeners Bickley may, at its discretion, offset any assessment fee against the final invoice.

3.4 Quotations are based on the information provided by the Client and any site assessment. If, on arrival, the actual conditions differ substantially from those described or assessed, Gardeners Bickley may revise the quotation or decline to carry out part or all of the work.

3.5 Gardeners Bickley will use reasonable efforts to accommodate requested dates and times, but all appointments are subject to availability. Time of arrival is approximate and may be affected by traffic, weather, or unforeseen circumstances.

4. Access and Client Responsibilities

4.1 The Client must ensure safe and reasonable access to the property and garden at the agreed time. This includes providing keys, access codes or gate permissions where required.

4.2 The Client is responsible for ensuring that the work area is reasonably clear of personal items, pet waste, sharp objects, and any hazards that may endanger Gardeners Bickley staff or contractors.

4.3 The Client must inform Gardeners Bickley in advance of any known risks on the property, such as unstable structures, hazardous materials, uneven ground, ponds, or underground services.

4.4 Where parking permits, visitor passes or pay-and-display tickets are required, the Client must either provide them or reimburse Gardeners Bickley for reasonable parking costs incurred in connection with the Services.

5. Pricing, Quotations and Variations

5.1 Prices may be provided as fixed quotations, hourly rates, day rates, or as part of an ongoing maintenance plan. The applicable basis will be indicated in the quotation or booking confirmation.

5.2 Unless otherwise stated, quotations are exclusive of any applicable value added tax or similar charges that may apply under UK law. If VAT becomes chargeable, it will be added to invoices at the prevailing rate.

5.3 Quotations are normally valid for a limited period as stated on the quotation. If no period is specified, quotations are valid for 30 days from the date of issue.

5.4 If, during the course of the Services, it becomes apparent that additional work is required or requested by the Client, Gardeners Bickley will seek the Client's consent to any variation in scope, price or timescale before proceeding.

5.5 Where the Services are provided on an hourly or day-rate basis, the final charge will be based on the actual time spent on site and reasonable travel and material costs, subject to any agreed minimum charge.

6. Payments and Invoicing

6.1 Gardeners Bickley may require a deposit or advance payment before commencing certain Services, particularly larger projects or where significant materials must be purchased in advance.

6.2 Unless otherwise agreed in writing, invoices are payable in full within 7 calendar days of the invoice date. For ongoing maintenance, Gardeners Bickley may issue invoices after each visit or monthly in arrears.

6.3 Payment methods accepted will be communicated by Gardeners Bickley and may include bank transfer, card payment or other non-cash methods. Cash payments may be declined at Gardeners Bickley's discretion.

6.4 If payment is not received by the due date, Gardeners Bickley reserves the right to charge interest on overdue sums at the statutory rate allowed under UK law for late payment, as well as reasonable recovery costs.

6.5 Gardeners Bickley may suspend or cancel future bookings if invoices remain unpaid, without prejudice to its rights to recover outstanding amounts.

7. Cancellations and Rescheduling

7.1 The Client may cancel or reschedule a booking by giving Gardeners Bickley as much notice as reasonably possible and in any event no less than 24 hours before the scheduled start time.

7.2 If the Client cancels or reschedules with less than 24 hours notice, Gardeners Bickley reserves the right to charge a cancellation fee of up to 50 percent of the estimated value of the Services for that visit, to cover lost time and scheduling costs.

7.3 If the Client fails to provide access to the property at the agreed time, or the visit cannot proceed due to circumstances within the Client's control, this may be treated as a late cancellation and a charge may apply.

7.4 Gardeners Bickley may cancel or reschedule a booking due to severe weather, staff illness, safety concerns, equipment failure or other circumstances beyond its reasonable control. In such cases, Gardeners Bickley will endeavour to offer the earliest available alternative appointment.

7.5 For larger projects that are cancelled by the Client after materials have been purchased or preparatory work undertaken, the Client will be liable for the actual costs incurred by Gardeners Bickley up to the date of cancellation.

8. Garden Waste and Waste Regulations

8.1 Gardeners Bickley will handle garden waste in accordance with applicable UK legislation and local regulations relating to waste management and environmental protection.

8.2 As standard, garden waste such as grass cuttings, prunings and leaves may be neatly bagged or placed in a designated area within the Client's property for disposal by the Client, unless waste removal has been specifically included in the quotation.

8.3 Where the Client requests waste removal, any associated charges will be clearly indicated in the quotation or booking confirmation. Charges may depend on the volume, weight and type of waste to be removed.

8.4 Gardeners Bickley will not remove or dispose of hazardous waste, controlled waste, or items requiring specialist licenses or facilities. Such items include but are not limited to asbestos, chemicals, paint, contaminated soils, or certain building materials.

8.5 The Client remains responsible for any existing waste or fly-tipped material on the property that is not generated by Gardeners Bickley as part of the Services, unless a separate clearance is expressly agreed.

9. Materials, Plants and Guarantees

9.1 Where Gardeners Bickley supplies plants, turf, soil, mulch or other materials, it will use reputable suppliers and select products suitable for the intended purpose and local conditions, as reasonably foreseeable at the time.

9.2 Living plants, turf and similar organic materials are subject to natural variation and factors beyond the control of Gardeners Bickley, including weather conditions, pests, diseases and the Client's ongoing maintenance. As such, no guarantee is given as to long-term performance, growth or survival unless expressly stated in writing.

9.3 Any specific product warranties provided by manufacturers or suppliers will be passed on to the Client where applicable, and the Client should refer to those warranty terms for any claims related to such products.

9.4 Title to materials supplied by Gardeners Bickley remains with Gardeners Bickley until payment is received in full. Gardeners Bickley reserves the right to recover materials for which payment has not been made.

10. Liability and Insurance

10.1 Gardeners Bickley will maintain appropriate public liability insurance in respect of its gardening activities within the UK, subject to the policy terms, conditions and exclusions.

10.2 Gardeners Bickley will take reasonable care to avoid damage to property while providing the Services. However, the Client must ensure that any fragile items, ornaments, garden furniture, lighting or irrigation equipment are removed or clearly identified prior to work commencing.

10.3 Gardeners Bickley shall not be liable for any pre-existing damage, defects or deterioration in the Client's property or garden, nor for any indirect, consequential or economic losses such as loss of enjoyment, loss of profit or loss of business.

10.4 If Gardeners Bickley is found liable for damage to property caused by its negligence, such liability will be limited to the reasonable cost of repair or replacement, subject to an overall cap equal to the total price paid by the Client for the Services giving rise to the claim.

10.5 Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under UK law.

11. Health, Safety and Weather Conditions

11.1 Gardeners Bickley will conduct its work in accordance with relevant health and safety requirements and will take reasonable steps to protect its staff, the Client and third parties.

11.2 The Client agrees not to interfere with, or instruct staff to disregard, safety measures adopted by Gardeners Bickley. If unsafe conditions are identified, Gardeners Bickley may suspend work until the issue is resolved.

11.3 Adverse weather, including heavy rain, high winds, extreme heat or cold, may affect the ability to perform certain tasks safely or effectively. Gardeners Bickley reserves the right to postpone or alter the planned work due to weather conditions.

12. Complaints and Defects

12.1 If the Client is dissatisfied with any aspect of the Services, they should notify Gardeners Bickley as soon as reasonably practicable, setting out the nature of the issue and providing any supporting information.

12.2 Gardeners Bickley will investigate complaints in good faith and, where a defect in the Services is identified, will at its discretion either rectify the issue, re-perform the affected part of the Services, or offer a reasonable reduction in price.

12.3 Complaints relating to the quality or completion of work should normally be raised within 7 days of the relevant visit or project completion. Delay in raising a complaint may affect Gardeners Bickley's ability to assess and address the issue.

13. Data Protection and Privacy

13.1 Gardeners Bickley will process personal data relating to the Client only as necessary to manage bookings, provide the Services, issue invoices, and comply with legal and regulatory obligations.

13.2 Personal information will be handled in accordance with applicable UK data protection laws. Gardeners Bickley will take reasonable steps to keep such information secure and will not sell or unnecessarily disclose it to third parties.

14. Force Majeure

14.1 Gardeners Bickley shall not be in breach of the Contract or liable for delay or failure to perform its obligations where such delay or failure results from events, circumstances or causes beyond its reasonable control. These may include extreme weather, natural disasters, acts of government, strikes, epidemics, or disruption to transport or utilities.

14.2 If a force majeure event continues for a prolonged period, either party may discuss suspension, rescheduling or termination of the affected Services.

15. Termination

15.1 Either party may terminate an ongoing maintenance arrangement by giving reasonable prior written notice, subject to any minimum term or specific notice period agreed in writing.

15.2 Gardeners Bickley may terminate the Contract immediately if the Client commits a serious breach of these Terms and Conditions, fails to pay sums due, or engages in abusive or unsafe behaviour towards staff.

15.3 Termination does not affect any rights or obligations that have already accrued, including the Client's obligation to pay for Services performed up to the effective date of termination.

16. Governing Law and Jurisdiction

16.1 These Terms and Conditions, and any Contract between Gardeners Bickley and the Client, are governed by and construed in accordance with the laws of England and Wales.

16.2 The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or the Services.

17. General Provisions

17.1 If any provision of these Terms and Conditions is found by a court or competent authority to be invalid, illegal or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

17.2 No failure or delay by Gardeners Bickley in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy.

17.3 The Client may not assign or transfer their rights or obligations under the Contract without the prior written consent of Gardeners Bickley. Gardeners Bickley may assign or subcontract its rights and obligations provided that this does not materially reduce the level of service to the Client.

17.4 These Terms and Conditions, together with any quotation or written agreement, constitute the entire agreement between the parties in relation to the Services and supersede any prior discussions or representations.